POORANLAL KACHHI Vs. STATE OF M P

JUDGEMENT

(1.) ON 26. 7. 1989 at about 2. 00 P. M Sattilal, Kotwar of the village, lodged information vide Exhibit P-9 with Head Constable, Police Station Bargi, P. W-13 Balmik Pandey that in Narayanpur in river Narbada dead body of one unknown person was found floating and dead body of another person had almost sunk and only one hand was visible. On such information being received by Balmik Pandey, Marg intimations No. 32 and 33/89 were recorded. Thereafter, Sub Inspector Sharda Prasad Tripathi alongwith other police personnel went to Narayanpur and from Narbada river took out two dead bodies of young persons. Panchayatnama of dead bodies were prepared vide Exhibit P-6 and P-7 and the same were sent for postmortem to Medical College, Jabalpur. Postmortem was performed by P. W-18 Dr. D. K. Sakale who has proved the postmortem reports Exhibit P-17 and P-18 pertaining to the deceased persons. In the light of this, it could not be disputed that the deceased persons had met with homicidal death nor the said fact has been disputed before us. It is also established from the postmortem reports that both deceased persons had sustained penetrating, incised and chopped wounds on their person. During investigation, Sharda Prasad Tripathi (PW-14) had collected from the scene of occurrence i. e 'baadi' of Saddu Kachhi, plain and blood stained earth and similarly from other place plain and blood stained earth were collected.

(2.) DURING investigation statements of witnesses under Section 161 Crpc were recorded. It was then found that appellant Pooranlal Kachhi was last seen together with deceased Indra Kumar s/o Baijnath and Babloo @ Devendra Kumar s/o Baijnath. At his instance, on a memorandum being prepared Exhibit P-15, from an open pace one 'bakka', said to be the weapon of offence, was seized vide Exhibit P-1 6. After completion of the investigation it was found that in all 4 accused were instrumental in causing murder of Indra Kumar and Babloo @ Devendra Kumar. Thus, they were charge-sheeted for commission of offence under Sections 120-B, 394, 302 and 201 IPC before Eighth Additional Sessions Judge, Jabalpur in Sessions Trial No. 467/89.

(3.) VIDE the impugned judgment pronounced on 26. 6. 92, out of the four accused charged for commission of the said offences, three have been acquitted. Only the present appellant Pooranlal Kachhi has been found guilty for commission of the offences under Section 302 IPC and has been awarded Life Imprisonment. Hence, this appeal.